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View Full Version : West Va. House overrides veto of 'constitutional carry' bill


Sdiver
03-05-2016, 12:30
On top of them passing the 'Right To Work' bill .... this is HUGE !!!!

WTG West Virginia !!!!! :lifter

W.Va. House overrides veto of 'constitutional carry' bill

CHARLESTON - The West Virginia House of Delegates on Friday voted to override Gov. Earl Ray Tomblin's veto of a bill to make it legal for West Virginians to carry concealed weapons without a permit as long as they meet certain requirements.

Delegates in the GOP-led House voted 64-33 Friday morning to override Tomblin's veto of HB 4145.

The measure to override the veto will advance to the Senate, where Republicans also hold the majority, but the Senate adjourned Friday morning before receiving the message that the House had voted to override the veto.

The Senate will reconvene at 9 a.m. Saturday. The Senate originally approved the bill with a 24-9 vote on Feb. 22.

On Friday, delegates from Cabell and Wayne counties voted 4-4 on the measure.

Dels. Ken Hicks, D-Wayne, Carol Miller, R-Cabell, Kelli Sobonya, R-Cabell, and Matt Rohrbach, R-Cabell, voted in favor of overriding the veto.

Those against overriding were Dels. Sean Hornbuckle, D-Cabell, Jim Morgan, D-Cabell, Don Perdue, D-Wayne, and Doug Reynolds, D-Cabell.

Perdue called the bill short-sighted legislation that was led by lobbying groups and a sense of trepidation.

"If you let fear be your guide, and you put a gun in his hand, you're asking for massive bloodletting," Perdue said. "It's sad that fear has so taken us over that we seem to believe that we need to have guns all the time. We've lost faith in our police, and we've somewhat lost faith in our military. That's a very sad state of affairs."

Rohrbach said the bill included multiple points, including additional jail time for felons who are found to have weapons, requiring live fire training in gun safety courses and the standardized appearance of concealed carry licenses throughout the state, that led him to support the bill.

"I think it will help a great deal in Huntington with some of the sentencing on the drug dealers that are plaguing our community," Rohrbach said. "It seems to me, from an observational perspective, that drugs and guns seem to go together. That, to me, is one of the big things this bill covers."

Tomblin issued his veto of the bill Thursday afternoon in his office while surrounded by members of law enforcement. Tomblin said concern for those officers' safety was the reason he vetoed the bill.

It was the second year in a row Tomblin had vetoed such a bill. Tomblin vetoed a similar bill after the end of the regular legislative session in 2015.

Legislators made a concerted effort to advance the bill during the current session to ensure there would be time to override a veto, if it were issued.

Hornbuckle said he felt the fact that there were so many law enforcement officers and agencies against the bill was very telling.

"I think leadership is sending a bad message in regard to the overall safety of the public," Hornbuckle said. "The biggest thing is that people are not going to be as likely to educate themselves as much as they used to on how to properly operate a firearm and take adequate training courses that come with that. I do think we have to be very careful of what precedent this might set for the public in regard to personal safety and firearms."

It currently is legal for West Virginia residents to carry a handgun in plain view, but they cannot have weapons that are out of sight from the people around them without having a permit.

Morgan said he voted against the original bill and the override of the veto because he felt the pre-existing laws, which required training and permits to carry a weapon concealed by clothing or other items, already were adequate.

"I did not vote to override the veto because I believe the governor, in his veto statement, had all the points in it that I would agree with," Morgan said. "If people want to conceal and carry a weapon with proper training and licensing, then so be it ... I guess now it means people will carry weapons under their coats and where ever else they want to carry them. I hope the good guys have the guns, and I hope the bad guys have no guns, but it is worrisome I think."

The policy of being able to carry a concealed weapon often is referred to as "constitutional carry" by supporters.

There are seven states in the U.S. that have constitutional carry laws: Alaska, Arizona, Arkansas, Kansas, Maine, Vermont and Wyoming.

If the bill is passed into law, West Virginians between 18 and 21 years old would be required to have a concealed carry permit to carry a weapon that isn't in plain view to the people around them.

Those young adults would be eligible for a $50 tax credit for the cost of their training, but those who were still claimed as a dependent on their parents' taxes would not be eligible for the credit.

The bill would require gun handling instructors to have participants fire at least one live round of ammunition during the course, but the requirements otherwise remain the same.

The bill would provide roadblocks in obtaining a permit for anyone who has been convicted of misdemeanor domestic violence or who is the subject of a domestic violence protective order.

Anyone who is under indictment for a felony or who has been determined to be mentally incompetent or committed to a mental institution also would not be able to obtain a permit.

A person who uses a gun to commit a felony would face up to five years in prison, and a convicted felon who uses a gun to commit a felony crime would face 10 years in prison for that charge alone.

http://www.herald-dispatch.com/news/w-va-house-overrides-veto-of-constitutional-carry-bill/article_c4d36dfb-4328-5efc-bce7-9cff7e21f486.html

PSM
03-05-2016, 14:39
The policy of being able to carry a concealed weapon often is referred to as "constitutional carry" by supporters.

And they'd be wrong in that reference.

Pat

ddoering
03-05-2016, 18:31
I don't believe the Constitution ever mentioned how weapons were to be carried other than un-infringed.

PRB
03-05-2016, 21:59
I find the oft made comment about the 'bloodletting' that will ensue upon passage interesting.
I guess folks in WV are much different that those in the States where this is already the law.

PSM
03-05-2016, 22:47
I find the oft made comment about the 'bloodletting' that will ensue upon passage interesting.
I guess folks in WV are much different that those in the States where this is already the law.

Damn! Snowbird season is almost over and I haven't bagged my limit, yet. ;)

Pat